Can an officer come after you almost 1 1/2 years later for something you where never ticketed for?

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Can an officer come after you almost 1 1/2 years later for something you where never ticketed for?

I got pulled over a year and a half ago and a police officer took a pipe and a bowl of weed out of my car. Never gave me a ticket, warning, nothing. Just a card for me to contact their detective. I called multiple times and he always said call me back later I’m busy 2 months I tried. Now they issued a warrant and I’m out on bail!! Is this even legal to do. They should have done something a year and a half ago right? Not now?

Asked on May 17, 2012 under Criminal Law, Florida

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

A warrant being issued for a criminal offense that took place a year or so before is perfectly legal. While there is a statue of limitations which dictate whether or not a warrant can issue, most statue of limitations are around 6 or more years, not a year and a half. The good thing about cases like this is that the prosecutors usually lack sufficient evidence to proceed with the case due to the lapse in time. For possession cases, the prosecution must show not only that you possessed the marijuana, but that they tested it to be certain it was marijuana. Often times, for cases a year old or older, the prosecutor may lack all of the evidence they need to seek a conviction. Speak with a criminal defense attorney in your area to challenge the prosecutions evidence in this case.


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